3770:1-2-05
Licensing decisions.

(A)
Director to
comply with Administrative Procedure Act. The director shall comply with
sections 3770.02 and
3770.03, as well as
sections 119.06 to
119.10 of the Revised Code, and other applicable provisions of the
Administrative Procedure Act, in decisions and
orders made or adopted in conducting the licensing function.

(B)
Licensing hearings. When required to do
so by the Administrative Procedure Act, the director shall afford a hearing to
a person affected by an order or decision of the director to refuse, suspend or
revoke a license, except to the extent that the
director is authorized by sections
3770.02 and
3770.03 of the Revised Code to
suspend or revoke a license without prior hearing. Such hearings shall be
conducted by the director or a hearing officer designated by the director and
shall comply with the requirements for adjudication hearings set out in the
Administrative Procedure Act. The requirement of the Administrative Procedure
Act that adjudication hearings be afforded prior to a final decision by the
director to suspend a license may be waived under circumstances such as
non-payment of funds owed by a sales agent to the lottery fund, for reasons
related to the public safety convenience or trust or which require immediate
action. The director, however, must continue to comply with the requirements of
the Administrative Procedure Act in affording the sales agent subsequent
opportunity for an adjudication hearing.